Shivanand Ningappa Hurakadli vs Tippanna Hanamanth

Aravind Kumar, J.—Claimant''s appeal for enhancement not being satisfied with the quantum of compensation awarded by Motor Accidents'' Claims Tribunal, Bagalkot, in M.V.C. No. 566/2008 dated 23.12.2010.

Heard Sri R.S. Kadibagil, learned counsel for the claimant and Sri M.K. Soudagar, learned counsel for the Insurer. Perused the judgment and award in question. By consent, appeal is taken up for final disposal.

Accident in question, injuries sustained by the claimant and issuance of policy to the offending vehicle and same being in force as on the date of accident are not disputed. Hence, they are not discussed in this appeal.

Tribunal on appreciation of evidence has awarded a total compensation of Rs. 20,200/- under the following heads:

Claimant is a retired government servant. On his attending superannuation, he has got enrolled himself as an advocate and has been practicing at Bagalkot. On account of injuries sustained in a road traffic accident that occurred on 13.05.2008, he sought for payment of compensation of Rs. 5,25,000/- with interest. He was admitted to Dr. Daddenavar Hospital initially and thereafter to Kerudi Hospital, Bagalkot. Doctor who has treated the claimant at Kerudi Hospital is examined as PW-2 and he has deposed that claimant had sustained fracture of condyle left tibia and on clinical and radiological evaluation of the claimant on 28.08.2008 he found that there was Grade III muscle wasting at left knee joint; 20% restricted movement at left knee joint; 10% valgues deformity left knee joint; and, X-ray indicated mal-union of the fracture site. As such, he opined that there is permanent disability to an extent of 30% to the left lower limb. Tribunal has rightly not awarded any compensation towards loss of future income since claimant is seeking pension as a retired government servant. Said disability would not come in the way of claimants earning and even otherwise claimant is getting pension as a retired Government Servant. However, taking into consideration the nature of injuries sustained and number of days of hospitalisation which was for a period of 8 days, compensation towards loss of amenities and towards pain and suffering requires to be enhanced. Considering the injuries sustained by the claimant and treatment received by him at Kerudi Hospital for 8 days, an additional compensation of Rs. 20,000/- towards loss of amenities and Rs. 10,000/- towards pain and suffering is hereby awarded. A sum of Rs. 5,000/- is awarded towards food, nourishment and conveyance by way of additional compensation. Thus, in all claimant would be entitled to an additional compensation of Rs. 35,000/-. Hence, the following:

ORDER

a. Appeal is hereby allowed in part,

b. Judgment and award dated 23.12.2010 passed by the MACT No. II, Bagalkot, in M.V.C. No. 566/2008 is hereby modified and an additional compensation of Rs. 35,000/- is hereby awarded which shall carry interest at the rate of 6% p.a. from date of petition till date of payment or deposit whichever is earlier.

c. Enhanced compensation amount shall be released in favour of the claimant since he is a retired government official on proper identification.

d. Insurer is directed to deposit enhanced compensation with interest before the jurisdictional Tribunal within four weeks from the date of receipt of certified copy of this order.

Records are ordered to be transmitted to the jurisdictional Tribunal by the registry forthwith. Return of the documents can be sought by the claimant for before the jurisdictional Tribunal. In view of the same, IA-I/2013 does not survive for consideration. It stands rejected.